SH AJIT SINGH Vs. HPSEB AND ORS

JUDGEMENT

(1.) This writ petition is directed against the order passed by the H.P State Administrative Tribunal in O.A No. 57/87.

(2.) Briefly stated the facts of the case are that the petitioner was initially recruited as Beldar with the H.P State Electricity Department (hereinafter referred to as the 'Board') in 1979 in Baijnath Division. He was thereafter promoted as Assistant Lineman in the same Division. It is not disputed that the petitioner made a request for being transferred to Dharmashala Division. He was transferred at his own request vide order dated 25/30.6.1984. The petitioner thereafter was placed at the bottom of the seniority list in the category of Assistant Lineman in Dharamshala Circle. It appears that a provisional seniority list of Assistant Lineman was circulated in March 1985. Thereafter, the petitioner made a representation on 26th April, 1985 that he had never agreed to forfeit his seniority and that he was not aware that in case of his transfer on his request, he would have to forfeit his seniority and be placed at the bottom of the seniority list in the Circle/Division to which he was transferred. The petitioner made repeated representations and finally sent a legal notice which was replied by the Board on 27th September, 1986. Thereafter, the petitioner filed O.A No. 57/87 in the Tribunal. The Tribunal rejected the O.A mainly on the ground that the O.A has been filed on 6th March, 1998 while the cause of action had arosen on 15th July, 1985. Even on merits the Tribunal held that the applicant had no case. This order is under challenge in the present writ petition.

(3.) We have heard Sh. Vikas Bhardwaj, learned Counsel for the petitioner and Sh. Baldev Singh, learned Counsel for the Board.